Web Hosting and Server Management

Terms

These Terms of Service (the “Agreement”) are an agreement between Eclarian LLC (“Eclarian” or “us” or “our”) and you (“User” or “you” or “your” or “subscriber” or “customer”). This Agreement sets the general terms and conditions of your use of the products and services available to you through Eclarian and the Eclarian.com website (collectively, the “Services”). By using these Services, you agree to be bound by this Agreement. Those who do not agree to abide by the terms and conditions of this Agreement are specifically not authorized to use or access the Services.

Usage and Content

All services provided by Eclarian are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. You agree to indemnify and hold harmless Eclarian from any claims resulting from the subscriber’s use of the Services which damages the subscriber or any other party, including Eclarian. Content that is deemed to not meet these standards will be removed without prior notice to the subscriber. If Services are terminated due to a violation of these Terms of Service, absolutely no refund will be available to the customer.

Spamming and Other Violations

The following things are automatically considered a violation of the Terms of Service:

  1. IRC or Bot Nets
  2. Proxies and Proxy Servers
  3. Port Scanning
  4. Spam Email, Unsolicited Email, Unconfirmed Mailing Lists
  5. Any Illegal or Unlawful Activity
  6. Server Abuse
    1. Unauthorized server access
    2. Accessing data that does not belong to you
    3. Probing, scanning, or testing vulnerabilities to any system or network
    4. Hacking or corrupting security without proper authorization
    5. Zero-day vulnerabilities
    6. Creating, transmitting, or hosting viruses, worms, bots, and damaging scripts
    7. Interfering with the service of other users

General User Access and Security Policies

Eclarian allows a certain level of flexibility for customers to create their own passwords and account authorization practices and procedures. You are responsible for using strong, complex passwords and securing access to your account credentials. You must protect the information used to authenticate your account. Eclarian will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

Support Requests

Eclarian provides support to customers via phone, email, and in person at our office. Contact Eclarian via phone at 616-209-9134. Email your support request to support@eclarian.com. You may schedule a visit at our office using one of these methods. The company is located at 4675 32nd Ave, Suite 2, Hudsonville, MI 49426. If your support requests requires paid support, Eclarian will inform you before the work begins, unless you have an existing support agreement in place that supersedes these general Terms of Service.

Refunds and Downtime

The web hosting services provided by Eclarian are not normally subject to long-term contracts, unless otherwise specified by your specific agreement with Eclarian. Most services are considered “month to month” in nature. If a refund is requested, Eclarian will use reasonable efforts, best practices, and follow company policy in responding to all refund requests. Subscriber acknowledges that from time to time the services covered under these Terms of Service may be inaccessible or inoperable for various reasons, including maintenance or upgrades, administrative actions, malfunctions, and causes beyond Eclarian’s control or which are not reasonably foreseeable by Eclarian, including the interruption or failure of telecommunications or digital transmission links, hostile hackers and network attacks, or network congestion or other failures. Eclarian will seek to provide 24 hours advance notice to subscribers for scheduled maintenance and downtime. Eclarian has no responsibility for downtime resulting from a user’s actions.

Fees, Late Payment Charges, Returned Check Fees, Credit Card Charge Back Fees, and Other Fees; Termination and Billing

If a customer payment is late, a late fee of $25 may be added to the customer’s account. Eclarian reserves the right to add late fees if invoices are left unpaid past the due date in any way deemed necessary to facilitate collection. A returned check penalty fee of $25 or more may be charged for any check dishonored by their bank or financial institution. A credit card charge back fee of $25 or more may be charged to any customer’s account for any charge back received by their bank or financial institution. If the customer wishes a fee to be waived, the customer must submit a support ticket with documentation as to why the fee should be waived, and Eclarian will determine (at our sole discretion) to waive the fee or not. Late payments may result in temporary suspension or termination of services. If a customer does not pay an invoice by the due date listed on the invoice, Eclarian may suspend or terminate the customer’s services without warning or notification. Eclarian is not responsible for interruption in services due to unpaid invoices and account balances. Eclarian may wait to un-suspend an account until a check clears, if customer pays by check.

Customer Default; Remedy Upon Default; Termination

Eclarian may suspend or terminate customer accounts due to overdue payment or unpaid invoices. If you as the customer fail to pay an invoice before the due date listed on the invoice, Eclarian reserves the right to suspend or disconnect service(s) without further warning or notification. If services are disconnected for non-payment, customer must pay all past due charges and late fees in order to reconnect or un-suspend service. If a customer account is suspended or terminated for non-payment, the customer may be charged a reconnection fee to re-enable the account(s).

Courtesy Backup Services

All services such as backup and pre-installed server software like cPanel are provided for the courtesy of the customer. It is the sole responsibility of the customer to maintain the customer’s own backup of any data. Eclarian is not responsible for lost data or for lost data due to third party software that is not maintained by Eclarian. (The cPanel software and brand is not associated with Eclarian.)

Liability; Limitation of Damages

Eclarian shall not be liable to customer for harm caused by or related to customer’s services or inability to utilize the services, unless caused by willful misconduct. Eclarian shall not be liable to customer for lost profits, indirect, special, or incidental, consequential or punitive damages. Eclarian provides all products and services “As Is,” without warranty of any kind, whether express or implied, and disclaims all implied warranties, including but not limited to, the implied warranties of merchantability for a particular purpose. The customer shall be solely responsible for the selection, use, and suitability of any product or service chosen by customer. Customer is solely responsible for ensuring the secure nature of passwords, credentials, accounts, and server security.

Changes to Terms of Service

These Terms of Service are subject to change without any prior notification. By opening and using an account or any Eclarian service, you agree to these Terms of Service. All prices are nonrefundable and nonnegotiable. You can review the most current version of the Terms of Service at any time on this web page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Indemnification

Customer hereby agrees to indemnify, defend, and hold harmless Eclarian and its respective successors and assigns, harmless from and against any loss, expense, cost (including reasonable attorney and other professional fees), damages of whatsoever kind or nature incurred or suffered by reason of any breach by the other party of any of the covenants, obligations or agreements contained in these Terms of Service.

Last Updated September 22, 2016 10:23:46 AM EDT